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275 <br />REGULAR MEETING SEPTEMBER 10, 1990 <br />Board Attorney Jenny Pitts Manier inquired if it was their <br />intention to block the alley should it be vacated. Mr. McCalley <br />advised that it is not their intention to block the alley. <br />Ms. Cleo Hickey, Department of Economic Development, was present <br />and advised the Board that the Department is in favor of the <br />vacation. <br />Mrs. DeClercq inquired if there was anyone else wishing to speak <br />in favor of the vacation. No one else wished to speak. Mrs. <br />DeClercq then inquired if there was anyone present opposed to the <br />vacation. <br />Mr. Robert Richert, Acro Electronics, 412 South Lafayette <br />Boulevard, South Bend, Indiana, advised that he is opposed to the <br />closing of the alley as his business uses the alley for loading. <br />He indicated that semi -trucks making deliveries as well as their <br />own truck use the alley and this access is needed. <br />Mr. James Cook advised the Board that it was his understanding <br />that the alley could be used to back out into if the Petitioner <br />would be responsible for the paving and improvements to the <br />alley. He noted that this arrangement would allow others to use <br />the alley as well. <br />Board Attorney Jenny Manier indicated that if the alley is used <br />for this purpose and not vacated, it is still public right-of-way <br />and the City could be liable for any accidents that might occur <br />in this situation and therefore this solution is not without risk <br />to the City. <br />Mr. McCalley was asked if he would be amenable to entering into <br />some type of access easement or agreement with the property <br />owners in the area that would be affected by the closing of the <br />alley and who are opposed to its closing. Mr. McCalley indicated <br />that he had no problem with that type of arrangement. It was <br />noted that once the alley is vacated, it becomes the private <br />property of the abutting property owners and the City would not <br />have any means to stipulate its use in this regard. <br />Ms. Humphreys inquired of Mr. Ries of Ries Furniture Company if <br />an access easement or agreement would address his concerns. Mr. <br />Ries indicated that this arrangement would be acceptable to him <br />as long as nothing impedes use of the alley to allow his company <br />to load and unload their trucks. He noted that this alley is <br />needed for access to the loading dock. <br />Mr. Richert stated that his concern is that the easement be <br />perpetual and go beyond the present owners and that it cannot be <br />changed should there be a change in ownership. <br />There being no one else wishing to speak either for or against <br />this alley vacation, Mrs. DeClercq declared the Public Hearing <br />closed. <br />Mrs. DeClercq noted that favorable comments have been received <br />from the Engineering Department, Fire Department, Area Plan <br />Commission and the Department of Economic Development concerning <br />this proposed alley vacation. <br />Ms. Humphreys indicated that she is concerned about the existing <br />businesses and their needs and would hate to see anything done to <br />hurt them. Ms. Humphreys therefore made a motion that the Board <br />send a favorable recommendation to the Common Council along with <br />clarification of the position the Board took with respect to <br />limited access agreements. She stated that she wants to make <br />sure the Common Council understands that this arrangement is part <br />of the Board's recommendation and that it is the Board's <br />understanding that the Petitioner will work with the affected <br />